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SATYEN VAIDYA
Sanjeev Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioner has prayed for the following substantive reliefs:-
ii) That the respondents may further be directed to grant pay band i.e. 10300+34500+3200 Grade Pay w.e.f. 15.9.2013.
iii) That the respondents may be further directed to grant the applicant actual consequential financial benefits on annual increments from date of promotion i.e. 15.9.2011 in place of notional benefits.
iv) That the order of recovery issued by respondent No.3 be quashed and set aside”
2. Brief facts necessary for adjudication of the case are that the petitioner was initially appointed as Part Time Water Carrier in the year 1997. He was converted into whole time contingent worker in June, 2004. The services of the petitioner were regularized w.e.f. 15.9.2005 as Class-IV. During his service as Class-IV, petitioner improved his qualification and passed 10+2 examination, conducted by H.P. Board of School Education.
3. On the recommendations of DPC, petitio
Except for withholding of annual increments till lapse of one year after qualification of typing test by petitioner, respondents had no right to reduce or re-fix his pay, as has been done by way of i....
Couty of the considered view that the impugned order dated 27.11.2017 is wrong, illegal and arbitrary, as it does not have the backing of any rule or applicable service condition behind it.
Higher pay scale entitlement for promoted clerks arises after two years regular service from promotion date, not linked to typing test passage unless explicitly stated in promotion order.
Junior's pay under revised rules with 15% enhancement cannot exceed senior's; refixation at par upheld if due to incorrect option, but excess recovery quashed if departmental error.
The court established that the increments earned during a penalty period must be restored upon its expiry when the penalty order specifies no postponement of future increments.
The court ruled against arbitrary recovery of excess salary, emphasizing protections for employees and the necessity for compliance with procedural justice.
Promotion rights must adhere to existing regulations governing increments and positions. Regularization after ad-hoc roles is contingent upon verified policies.
The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
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